Search warrants; provide notice of authority. (HB5099)

Introduced By

Del. Lashrecse D. Aird (D-Petersburg) with support from co-patrons Del. Lamont Bagby (D-Richmond), and Del. Joe Lindsey (D-Norfolk)

Progress

✓
 Introduced
✓
 Passed Committee
✓
 Passed House
✓
 Passed Senate
✓
 Signed by Governor
☐
 Became Law

Description

Search warrants; provide notice of authority. Prohibits any law-enforcement officer from seeking, executing, or participating in the execution of a no-knock search warrant. The bill provides that, for all authorized search warrants, the law-enforcement officer be recognizable and identifiable as a uniformed law-enforcement officer and that he provide audible notice of his authority and purpose reasonably expected to be heard by occupants of such place to be searched prior to the execution of such search warrant. It also requires that after entering and securing the place to be searched and prior to undertaking any search or seizure pursuant to the search warrant, the executing officer shall read and give a copy of the search warrant to the person to be searched or the owner of the place to be searched or, if the owner is not present, to any occupant of the place to be searched. If the place to be searched is unoccupied, the executing law-enforcement officer shall leave a copy of the search warrant suitably affixed to the place to be searched. The bill requires search warrants to be executed only in the daytime unless (i) a judge or magistrate, if a judge is not available, authorizes the execution of such search warrant at another time for good cause shown or (ii) the search warrant is for the withdrawal of blood. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
08/20/2020Presented and ordered printed 20200549D
08/20/2020Committee
08/20/2020Referred to Committee for Courts of Justice
08/26/2020Reported from Courts of Justice with amendment (14-Y 7-N) (see vote tally)
08/28/2020Read first time
09/03/2020Read second time
09/03/2020Committee amendment agreed to
09/03/2020Engrossed by House as amended HB5099E
09/03/2020Printed as engrossed 20200549D-E
09/04/2020Read third time and passed House (56-Y 41-N)
09/04/2020VOTE: Passage (56-Y 41-N) (see vote tally)
09/09/2020Constitutional reading dispensed
09/09/2020Referred to Committee on the Judiciary
09/16/2020Senate committee, floor amendments and substitutes offered
09/16/2020Reported from Judiciary with substitute (8-Y 4-N) (see vote tally)
09/16/2020Rereferred to Finance and Appropriations
09/16/2020Committee substitute printed 20201186D-S1
09/24/2020Reported from Finance and Appropriations (11-Y 5-N) (see vote tally)
09/25/2020Constitutional reading dispensed (36-Y 0-N) (see vote tally)
10/01/2020Passed by temporarily
10/01/2020Read third time
10/01/2020Passed by for the day
10/02/2020Floor substitute printed 20201294D-S2 (Locke)
10/02/2020Read third time
10/02/2020Committee substitute rejected
10/02/2020Reading of substitute waived
10/02/2020Substitute by Senator Locke withdrawn
10/02/2020Committee substitute reconsidered (39-Y 0-N) (see vote tally)
10/02/2020Committee substitute agreed to 20201186D-S1
10/02/2020Engrossed by Senate - committee substitute HB5099S1
10/02/2020Pending question ordered (19-Y 19-N) (see vote tally)
10/02/2020Passed Senate with substitute (22-Y 17-N) (see vote tally)
10/07/2020Placed on Calendar
10/07/2020Senate substitute rejected by House (0-Y 96-N)
10/07/2020VOTE: Rejected (0-Y 96-N) (see vote tally)
10/07/2020Senate insisted on amendment (24-Y 12-N) (see vote tally)
10/07/2020Senate requested conference committee
10/07/2020House acceded to request
10/07/2020Conferees appointed by House
10/07/2020Delegates: Herring, Aird, Campbell, J.L.
10/07/2020Conferees appointed by Senate
10/07/2020Senators: Surovell, Locke, Stuart
10/14/2020C Amended by conference committee
10/14/2020Conference substitute printed 20201359D-H1
10/14/2020Conference report agreed to by House (56-Y 41-N)
10/14/2020Passed by temporarily
10/14/2020Conference report agreed to by Senate (22-Y 16-N) (see vote tally)
10/14/2020VOTE: Agreed To (56-Y 41-N) (see vote tally)
10/16/2020Enrolled
10/16/2020Bill text as passed House and Senate (HB5099ER)
10/16/2020Signed by Speaker
10/16/2020Signed by President
10/21/2020Enrolled Bill communicated to Governor on October 21, 2020
10/21/2020G Governor's Action Deadline 11:59 p.m., October 28, 2020
10/28/2020G Approved by Governor-Chapter 31 (Per Article IV, Section 13, this bill will be effective on the
10/28/20201st day of the 4th month following the month of adjournment, sine die, of this special session)
10/28/2020G Acts of Assembly Chapter text (CHAP0031)
10/28/2020G Approved by Governor-Chapter 31 (effective 3/1/21)

Post a Public Comment About this Bill



if you have one


(Limited HTML is OK: <a>, <em>, <strong>, <s>)